What is the Advocates Act, 1961?

The Advocates Act, 1961 is the central law that consolidates the law relating to legal practitioners and provides for State Bar Councils and the Bar Council of India, enrolment of advocates, the right to practise and disciplinary control.

Who maintains the State roll of advocates?

Section 17 provides for State Bar Councils to prepare and maintain rolls of advocates.

Which section deals with an advocate's right to practise?

Section 30 deals with the right of advocates to practise, while Sections 29 and 33 concern advocates as the recognised class entitled to practise law.

Which section deals with professional misconduct?

Section 35 deals with punishment of advocates for professional or other misconduct, with appeals provided under Sections 37 and 38.

Advocates Act, 1961: Bar Councils, Enrolment, Right to Practise, Misconduct and Appeals

Updated: 3 September 2026

The Advocates Act, 1961 (Act 25 of 1961) is the principal central legislation governing the organised legal profession in India. It consolidates the law relating to legal practitioners and provides for State Bar Councils, the Bar Council of India, admission and enrolment of advocates, the right to practise, professional discipline, appeals and rule-making powers.

Act at a glance:

Act	Advocates Act, 1961 (Act No. 25 of 1961)
Enacted	19 May 1961
Extent	Whole of India
Administrative Ministry	Ministry of Law and Justice, Department of Legal Affairs
Main subjects	Bar Councils, enrolment, right to practise, professional conduct and disciplinary proceedings

Browse the Act by chapter

Section 1 - Preliminary
Chapter II - Bar Councils
Chapter III - Admission and Enrolment
Chapter IV - Right to Practise
Chapter V - Conduct of Advocates
Chapter VI - Miscellaneous
Chapter VII - Transitional Provisions
Schedule

Chapter I - Preliminary

Section 1 - Short title, extent and commencement

(1) This Act may be called the Advocates Act, 1961.

(2) It extends to the whole of India.

Section 1 also contains the commencement provisions under which different provisions were brought into force by notification. For the authoritative current text, amendment notes and commencement details, consult the official India Code version linked in the resources column.

Section 2 : Definitions

Current regulatory context: The Advocates Act operates together with rules made under it, including the Bar Council of India Rules, Legal Education Rules and the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. Advocates covered by the All India Bar Examination regime must also comply with the applicable BCI certification requirements.

Chapter I - Preliminary

Section 2 : Definitions

Chapter II - Bar Councils

Section 3 : State Bar Councils Section 4 : Bar Council of India Section 5 : Bar Council to be body corporate Section 6 : Functions of State Bar Councils Section 7 : Functions of Bar Council of India Section 7A : Membership in international bodies Section 8 : Term of office of Members of State Bar Council Section 8A : Constitution of Special Committee in the absence of election Section 9 : Disciplinary Committees Section 9A : Constitution of legal aid Committees Section 10 : Constitution of committees other than disciplinary committees Section 10A : Transaction of business by Bar Councils and committees thereof Section 10B : Disqualification of members of Bar Council Section 11 : Staff of Bar Council Section 12 : Accounts and audit Section 13 : Vacancies in Bar Councils and Committees thereof not to invalidate action taken Section 14 : Election to Bar Councils not to be questioned on certain grounds Section 15 : Power to make rules

Chapter III - Admission and Enrolment of Advocates

Section 16 : Senior and other advocates Section 17 : State Bar Councils to maintain roll of advocates Section 18 : Transfer of name from one State roll to another Section 19 : State Bar Councils to send copies of rolls of advocates to the Bar Council of India Section 20 : Special provision for enrolment of certain Supreme Court advocates Section 21 : Disputes regarding seniority Section 22 : Certificate of enrolment Section 23 : Right of pre-audience Section 24 : Persons who may be admitted as advocates on a State roll Section 24A : Disqualification for enrolment Section 25 : Authority to whom applications for enrolment may be made Section 26 : Disposal of an application for admission as an advocate Section 26A : Power to remove names from roll Section 27 : Application once refused not to be entertained by another Bar Council except in certain circumstances Section 28 : Power to make rules

Chapter IV - Right to Practise

Section 29 : Advocates to be the only recognized class of persons entitled to practice law Section 30 : Right of advocates to practice Section 32 : Power of court to permit appearances in particular cases Section 33 : Advocates alone entitled to practice Section 34 : Power of High Courts to make rules

Chapter V - Conduct of Advocates

Section 35 : Punishment of advocates for misconduct Section 36 : Disciplinary powers of Bar Council of India Section 36A : Changes in constitution of disciplinary committee Section 36B : Disposal of disciplinary proceedings Section 37 : Appeal to the Bar Council of India Section 38 : Appeal to the Supreme Court Section 39 : Application of sections 5 and 12 of Limitation Act, 1963 Section 40 : Stay of order Section 41 : Alteration in roll of advocates Section 42 : Powers of disciplinary committee Section 42A : Powers of Bar Council of India and other committees Section 43 : Cost of proceedings before a disciplinary committee Section 44 : Review of orders by disciplinary committee

Chapter VI - Miscellaneous

Section 45 : Penalty for persons illegally practicing in courts and before other authorities Section 46A : Financial assistance to State Bar Council Section 47 : Reciprocity Section 48 : Indemnity against legal proceedings Section 48A : Power of revision Section 48AA : Review Section 48B : Power to give directions Section 49 : General power of the Bar Council of India to make rules Section 49A : Power of Central Government to make rules Section 50 : Repeal of certain enactments Section 51 : Rule of construction Section 52 : Saving

Chapter VII - Temporary and Transitional Provisions

Schedule

The Schedule : Repeal of Enactments

Key provisions of the Advocates Act, 1961

Bar Councils: Sections 3 and 4 establish the State Bar Councils and the Bar Council of India. Sections 6 and 7 specify their principal statutory functions, while Sections 9 to 10A deal with disciplinary and other committees and the transaction of Bar Council business.

Enrolment: Chapter III deals with senior and other advocates, State rolls, transfer between State rolls, certificates of enrolment, eligibility for admission, disqualifications and the procedure for dealing with applications for admission as an advocate.

Right to practise: Sections 29, 30 and 33 form the core statutory framework concerning advocates as the recognised class entitled to practise law and the right of enrolled advocates to practise, subject to the Act and applicable rules. Section 32 preserves a court's power to permit a person who is not enrolled as an advocate to appear in a particular case.

Professional misconduct: Section 35 provides the disciplinary framework for professional or other misconduct. Sections 36 to 44 deal with BCI disciplinary powers, transfer and disposal of disciplinary proceedings, appeals, stays, alteration of rolls, powers of disciplinary committees, costs and review.

Illegal practice: Section 45 provides a penalty for persons illegally practising before courts and other authorities. Sections 48A, 48AA and 48B deal respectively with revision, review and the BCI's power to issue directions.

Rules: Section 49 confers the Bar Council of India's general rule-making power, and Section 49A confers rule-making power on the Central Government in the circumstances specified by the Act.

All India Bar Examination and Certificate of Practice

The Bar Council of India states that the All India Bar Examination is a post-enrolment certification examination for law graduates covered by the AIBE regime. A candidate who clears the examination is awarded a Certificate of Practice. The detailed eligibility conditions, examination schedule and current instructions should be checked on the BCI's official AIBE information page.

Certificate and Place of Practice Verification Rules, 2015

India Code lists the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 as subordinate legislation under the Advocates Act. These rules deal with verification of advocates' certificates and places of practice and should be read with current BCI and State Bar Council directions.

Using this section index

The section links above lead to the site's individual Advocates Act section pages. For court filings, professional compliance, enrolment, disciplinary proceedings or other legal work, verify the relevant provision against the latest authoritative text and applicable Bar Council rules, notifications and judicial decisions.